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9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this First AmendeSi�nd Rested Deve...apmeM Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First Atnerlded a t t d Devoloame t Agreement are part of this First AMSUdjg-.andR estatd_1ev.at Agreement. 9.5 Captions. The captions of this _ First _ dgd- and _LRstated i?welopment Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Flra.t Amnsit _. estated Development Agreement. 9.5 Consent. Where the consent or approval of a party . is required inby, or necessary under this First _Amended.�d _Restated_�eye of pm Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The partiesParties shall cooperate withi a -ci deal with each other in good faith; and =1 wM assist each other t4 t o extent needed_ in the performance of the provisions of this Ftr f�s prpended ar4tt.RsLated Development Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this Fjrrt _..59 and Restatede_ye14 Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this First Amendedand Restated D-qv Whom3gW Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this First A nondod a R-os-tated _Development Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this F1rs e!tcldnd Restated_.. Dent Agreement. The partiesEa_rti -ei shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Fits# t vaanrty ra�assfxxazvz _27_ 75A -83